Blog
CHRISTOPHER J. HORLACHER, ESQ
Real Estate Law and More
Blog
RSS
Foreclosure mill's revenue skyrockets
4/22/2010 8:31:47 PM

TAMPA - The housing crisis has been good for Florida's biggest processor of foreclosure lawsuits: Its revenue has multiplied sixfold since the housing bust began.

In recent years, the Law Offices of David J. Stern, a Broward County-based foreclosure law firm, has become the largest filer of foreclosure suits in Florida. It also is the biggest filer in Hillsborough County, according to local court records.

Along the way, though, it has picked up critics across Florida for the factorylike way it removes homeowners from homes. One circuit court judge in Pasco County recently accused the law firm of fraudulently backdating a mortgage document.

Stern's law firm isn't alone. Across the country, the unprecedented housing bust and backlog of foreclosures have turned specialty law offices such as Stern's into efficient paper processors called "foreclosure mills." In Stern's case, he's grown so large that he recently spun off part of his foreclosure law firm into a publicly traded company.

In January, Stern separated his firm's lawyers from the back-office clerks that prepare foreclosure paperwork, research title documents and do other duties that don't require a lawyer's touch. This back-office staff now is called DJSP Enterprises and trades on the Nasdaq-GM stock exchange.

It's separate from Stern's law practice, but Stern still is chairman and chief executive officer of DJSP Enterprises, and Stern's law practice relies on DJSP to process all its paperwork and handle its real estate duties.

Because it is publicly traded, DJSP must file financial reports with the Securities and Exchange Commission. These reports provide a glimpse into Stern's foreclosure empire.

According to DJSP Enterprises' recent annual financial report, the back-office operation had profit of about $44.6 million in 2009 on revenue of $260.3 million. That means the company's revenue increased sixfold as the foreclosure crisis worsened.

In 2006, the company reported profit of $8.6 million on revenue of $40.4 million, its recent SEC report states.

The SEC report does not include financial information for Stern's separate law practice, which is not publicly traded and does not report its financial information.

DJSP's chief financial officer, Kumar Gursahaney, confirmed the amount of his company's profit and revenue in the SEC report. Stern could not be reached for comment.

In its financial report, DJSP says the booming number of foreclosures in Florida fueled its growth. So, too, did the huge backlog of homes that banks have taken back from delinquent homeowners. DJSP Enterprises helps lenders dispose of these homes.

Today, the company processes more than 5,800 foreclosure files a month and more than 70,000 a year on behalf of the Law Offices of David J. Stern, its SEC filing states. As of Dec. 31, the company had 950 employees and offices in Plantation and Louisville, Ky. It also outsourced work to the Philippines.

DJSP Enterprises' stock closed at $13.45 a share on Wednesday.

Locally, DJSP Enterprises and Stern's law practice handle the most foreclosure cases in Hillsborough County. The Tribune looked at 1,994 initial foreclosure documents filed in October to see which foreclosure firms were the busiest.

Stern's office filed 352 cases in Hillsborough County that month, beating out second-place finisher Florida Default Law Group of Tampa, which filed 323 cases.

Even with its business boom, companies such as DJSP and its chief customer, the Law Offices of David J. Stern, are picking up more critics lately.

Dubbed "foreclosure mills," these firms are known for steering foreclosure lawsuits through the court system as efficiently as possible. They often charge a cut-rate price to their banking and mortgage-servicing clients, typically about $1,200 for a foreclosure. Most of the legwork of filing lawsuits is handled by clerks and paralegals rather than lawyers.

The process occasionally has led to sloppy legal work, or worse, as the mills strive for efficiency, critics say.

April Charney, a lawyer with Jacksonville Area Legal Aid who represents distressed homeowners, faults foreclosure mills for bringing foreclosure actions against people when they don't have all the necessary paperwork.

When homeowners fight these foreclosures, they've had some success proving that banks and other lenders don't have the original mortgage documents showing they have the legal standing to foreclose on a home.

Charney said she was not surprised that DJSP Enterprises had $260 million in revenue.

"But Florida is not unique, and neither is this foreclosure debt collection business model," she said. "There is a 'David Stern' or more than one operating in every state."

Recently, Lynn Tepper, a circuit judge in Pasco County, singled out the Law Offices of David J. Stern for criticism.

The Wall Street Journal wrote last week that Tepper accused Stern's law firm and a banking client of submitting a fraudulent document in a foreclosure case.

According to the article, the judge found Stern's office presented a mortgage document with a falsified notary stamp. In an interview with the Tribune on Monday, Tepper said it appeared the document had been backdated to give a bank legal standing to foreclose on a home.

Forrest McSurdy, the in-house legal counsel for Stern's law practice, told the Tribune it was not intentional.

"Really, it was a mistake by the notary, and it was something that was not caught at the time of the hearing," McSurdy said.

Tepper thinks otherwise.

"This isn't a clerical error," the judge said. "It wasn't a mistake. A notary isn't supposed to notarize that someone swore an instrument in front of them if, in fact, they didn't sign it in front of them."

In a roundabout way, a significant investor in DJSP Enterprises appears to be the U.S. government.

When the Wall Street crisis hit, the government bailed out insurance giant AIG. The government remains the company's biggest investor. According to the Bloomberg business news service, AIG owns stock in DJSP Enterprises worth about $4.6 million through a mutual fund.

An AIG spokesman didn't have information this week on whether AIG is an investor in the company.

Reporter Michael Sasso
Repost from Realtor.com
4/1/2010 6:36:55 PM

Alston v. Countrywide Financial Corp.

U.S. Court of Appeals for the Third Circuit

 

A federal appeals court has ruled that a lawsuit alleging RESPA violations against a major lender can move forward even though the borrower who filed the suit wasn’t overcharged. 

 

In the case, the borrower obtained a mortgage loan from Countrywide Home Loans, which has since merged with Bank of America. She was also required to get private mortgage insurance, as is customary, because her down payment amounted to less than 20 percent of the home purchase price.

 

Countrywide referred her to a group of private mortgage insurers, all of whom were required to reinsure their mortgage insurance with Balboa Reinsurance Co., a subsidiary of Countrywide.

 

The borrower brought a class-action lawsuit against Countrywide, claiming that its captive reinsurance arrangement amounted to a disguised kickback, which would violate the Real Estate Settlement Procedures Act. The federal rules, which were designed to protect consumers from unnecessarily high settlement costs, prohibits any person from giving or receiving a thing of value for the referral of settlement services in connection with a federally related mortgage loan. It also provides that no person shall accept "any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service," other than for services actually performed.

 

The trial court dismissed the borrower’s lawsuit, reasoning that the mortgage insurance rates were reasonable and couldn’t constitute the kind of unreasonably high settlement charge that RESPA is intended to protect against.

But the borrower successfully appealed the ruling, with the Court of Appeals deciding that an overcharge is not required to bring a RESPA action; a consumer can bring a lawsuit for any charge that allegedly involves a kickback or fee split that violates RESPA. The case was sent back to the lower court to determine if Countrywide violated RESPA.

Mortgage Applications Hit 6-Month High
4/1/2010 6:35:33 PM
The volume of mortgage applications to purchase homes rose 6.8 percent last week compared to the previous week on an adjusted basis, according the weekly survey by the Mortgage Bankers Association.

On an unadjusted basis, purchase applications were also up 6.8 percent compared to the previous week and rose 9.3 percent compared to the same week a year ago. This is the largest number of applications since the week ending October 2009.

The number of applications to refinance declined 1.3 percent on an adjusted basis compared to the previous week, and the overall mortgage index increased an adjusted 1.3 percent. On an unadjusted basis, it was up 1.5 percent.

Mortgage rates were on the upswing:

· 30-year fixed-rate mortgages increased to 5.04 percent from 5.01 percent.
· 15-year fixed-rate mortgages increased to 4.34 percent from 4.33 percent.
· 1-year ARMs increased to 6.88 percent from 6.75 percent.

Source: Mortgage Bankers Association (03/31/2010)
The New Face of House Flipping
4/1/2010 7:03:03 AM
Home flippers have their groove back, but this time around most of them are pros who are savvy enough to buy the right properties and turn them over quickly.

Nationally, the number of flipped homes rose 19 percent to 197,784 in 2009, according to RealtyTrac. Flipping has been encouraged by a Federal Housing Authority one-year rule change, which allows FHA borrowers to buy foreclosed homes from owners who have held title for less than 90 days.

Many of the today’s flippers are wealthy foreign investors from countries like Israel, Germany, and Spain. In many cases, they bid without ever seeing the properties, relying on services that checks titles and send drivers to properties to relay photos and descriptions via mobile phone to bidders.

Source: BusinessWeek, Prashant Gopal (03/31/2010)
4 items total
Real Estate Law and More...
Short Sale
Foreclosure
Real Estate Closings
Contact Me
About
Blog